Trial Process

* Trail Initiation

The U.S. constitution contains a speedy trial provision in its Sixth Amendment, which guarantees that “in all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial” In 1974 the U.S. Congress passed the federal Speedy Trail Act. This act allows for dismissal of federal criminal charges in cases where the prosecution does not seek an indictment or information within 30 days of arrest or where a trial does not begin within 70 working days after indictment or initial appearance for defendants who plead not guilty.

* Jury selection

The sixth amendment guarantees the right to an impartial jury. During jury selection both prosecution and defense attorneys question potential jurors in a process known as voir dire examination. Jurors are expected to be unbiased and free of preconceived notions of guilt or innocence.

* Opening statements

The presentation of information to the jury begins with opening statements made by the prosecution and the defense. This is to advise the jury of what the attorneys intend to prove and to describe how such proof will be offered.

* Presentation of evidence

Evidence presentation is the core to a criminal trial. The state is given the opportunity to present evidence intended to prove the defendant’s guilt, whereas the defense has the opportunity to provide evidence favorable to the defendant. The trial court judge makes the most significant decision deciding which evidence can be presented to the jury. Testimony given by witnesses is generally the chief means by which evidence is introduced at trial.

* Closing arguments

At the conclusion of a criminal trial both the prosecution and the defense has the opportunity for a final narrative presentation to the jury in the form of a closing argument. The defense can be expected to stress the lack of any direct proof, and the prosecutor is likely to argue that circumstantial evidence can be stronger than direct evidence, since it...